The problem of collecting cash benefits for a child from negligent parents is far from new. When decaying, family members do not always understand that their lives will now go on different roads. A measured life will no longer be the same, and one of the parents will now have to raise the baby alone. In order not to leave the child without maintenance, the law provides for alimony. They must be paid to the parent who will raise the baby. During the child support application process, many parents who experience this for the first time make mistakes in paperwork. This complicates their life, forcing them to apply for child support again. Legal knowledge in this matter will not hurt anyone, even those who are not going to get a divorce.
What is child support?
Alimony is a mandatory amount of money that one of the parents who left the family must pay for the maintenance of a minor child who is in the care of another parent. In some cases, the opposite can happen when an adult child will be required to support an elderly parent, providing him with a decent old age. Alimony may be collected or transferred either voluntarily (by agreement of the parties) or force (through a court).
The Family Code enshrines the obligation of both parents to equally support their child. If one of the parents avoids this responsibility in every possible way, he has to sit down at the general table and negotiate, concluding an agreement on the procedure for paying alimony, which will need to be certified by a notary, giving him legal force.
In cases where this situation cannot be resolved by an amicable agreement, the court enters the case, by a writ of execution obliging one of the parents to pay the necessary amount for the maintenance of the child or directly recovering through the employer. Alimony may be requested by the mother or father, in whose care the child is left. The payment procedure takes place until the age of majority of the son or daughter.
The juvenile protection service can also file a lawsuit if both parents abandoned their child and stopped providing them.
Dimensions of child support in Russia
The Family Code of the Russian Federation determines the amount of money paid by the parent. The amount of payments depends on the number of joint children and the amount of earnings of the parent. As a rule, alimony is charged as a percentage of the income of a family member and amounts to:
- 1/4 or 25% of income for the maintenance of one joint child.
- 1/3 or 33.3% of earnings if the total children are two.
- 1/2 or 50% goes to the maintenance of 3 children or more.
On average, in Russia in numerical terms the amount of money for maintenance is from 9 to 15 thousand rubles. This figure may vary based on the agreement of both parents who have entered into an agreement. Bailiffs, assigning the amount, analyze income, family composition, the presence of other dependents. An extreme measure may be an inventory of the property of the evading parent. This proves that in such cases it is better to conclude a settlement agreement and fulfill their legal obligations.
Where to apply for child support
If, after all requests and attempts to negotiate, a man still evades responsibility, he should be obliged to pay child support based on a court order. With prolonged evasion of benefits, the accounts of the non-payer may be frozen, and his property may be seized.
In such cases, a woman should not ask where to file child support, but go and write a lawsuit. The claim must be directed to the district court at the place of residence of the defendant. But in cases of collecting alimony, this rule does not play a special role, since the plaintiff can write a statement at his place of residence.
World judge
One of the easiest ways to achieve justice in such cases is to obtain a court order in a magistrate court.
An application for a court order must be referred to the office of the justice of the peace or transmitted by registered letter. Such applications are considered within 5 days. A court order is issued personally in the hands of the applicant or is sent to the defendant's employer. The non-payer has 10 days from the date of sentencing to challenge his decision.
After a ten-day period, if the defendant has not objected, the employer has the right to withhold part of his employee’s wages. Upon receipt of objections from the defendant, the order is canceled, and the alimony is collected on the basis of ordinary enforcement proceedings.
Package of documents
When planning to write a statement, you need to know what documents to submit for child support so that the decision is in favor of the plaintiff.
The following package of documents must be available when applying for child support:
- Statement of claim.
- A copy of the claim to be sent to the defendant.
- A photocopy of the plaintiff’s passport.
- Birth certificates of common children.
- Certificate of registration of marriage or divorce.
- Certificate of family composition from the place of residence, confirming that the child lives with the plaintiff.
- Certificate of employment of the plaintiff confirming income, or certificate of registration at the employment center as unemployed.
- Check on the payment of state duty.
- Calculation of the amount of alimony, which is calculated based on the cost of the child.
- Any other documents confirming the legality of the requirements (receipts, a copy of the agreement on the payment of alimony and others).
If the marriage has not been concluded
How to file for alimony in marriage is easy to understand. It is much more difficult if the marriage has not been concluded, and there is practically no information about paternity.
To prevent this from happening, you need to foresee everything in advance and enter information about the father in the appropriate column of the birth certificate. Then this document will be enough to confirm the connection of the child and his dad.
If there is a dash in the paternity column, other evidence and a genetic medical examination will be needed to establish the genetic link between the parent and the child. However, such a medical test may be needed in cases where the wife has filed for child support, because the negligent dad denies his paternity. At the same time, spouses can live together or separately.
Application deadlines
An application for alimony from the former can be submitted at any time before the child reaches the age of majority. In this case, the collection of cash benefits will occur from the moment of appeal, and not from the moment of divorce. In addition, one of the parents may file an alimony without a divorce if the second parent evades child support. The court will necessarily require proof of this.
It is worth considering that the amount of payments will change when the eldest of children reaches the age of 18 years.
The limitation period will be relevant if the plaintiff wants to return the arrears in the payment of alimony. Debt can be recovered only for the last three years of tax evasion. The plaintiff will need strong evidence in order to prove in court the evasion of liability of the other party.
The procedure for considering cases in court
The decision on the recovery of alimony is made in accordance with the law "On Enforcement Proceedings". The court shall decide on the basis of the following principles:
- Equality of all children of one parent to receive monetary support from him.
- The obligation to enforce a court decision throughout the country.
- The maintenance of children is carried out in equal shares by both parents.
- The obligation to support children regardless of whether they were born in or out of wedlock;
- The obligation of parents to keep children married and after its dissolution.
To complete the consideration of the case, the court will need the following information about the plaintiff and defendant:
- Sources of income.
- The composition of the family.
- Place of residence.
- Being married.
- About children who are on content.
Having examined all aspects of the case, the judge will make a decision based on the material and marital status of both parties.
What constitutes re-collection
By re-collecting child support, the following two explanations can be understood:
- Repeated appeal to the court to recover funds for the maintenance of the child.
- Present once again the writ of execution to recover the bailiffs.
How many times can I apply for child support in such cases? Now let's figure it out.
Repeated appeal to court
Article 134 of the Code of Civil Procedure of the Russian Federation states that a court cannot consider a case if:
- The parties and participants in the processes are the same.
- The subject of the claim is the same.
Repeated consideration of the same case is impossible. The plaintiff received his writ of execution and the defendant's funds are already being recovered.
Before civil proceedings
Repeated application for alimony is possible in the following cases:
- When the party of claim filed a lawsuit against child support, but it was returned after finding errors in it (for example, in the form and content of the document).
- If the plaintiff himself did not appear in the courtroom twice, therefore his statement was left without consideration.
The law provides for a second appeal to the same authority or to another (in case of violation of the rules of jurisdiction) if the case has not been examined on the merits. The judge gives time to resolve errors (if any). After that, you can re-apply.
How many times can I apply for child support in such cases? As long as you want, until all errors are resolved.
Change of circumstances
The identity of the defendant and the plaintiff plays a significant role in the payment process and the amount of alimony. How many times can I apply for child support when changing living conditions or circumstances? Based on certain conditions, you can re-file an alimony claim. Such changes may include:
- Health impairment.
- Decrease or increase in revenue.
- The emergence of another dependent
A second statement of claim may be initiated by both the plaintiff and the former defendant, with a request to review the case as part of the emergence of new circumstances. The court cannot refuse this to any of the parties, however, in the process of reviewing the case it may consider these circumstances insignificant, leaving the previous decision unchanged.
When refusing child support
It is worth determining how the refusal was made. If the ex-spouse verbally refused to receive alimony, then you can re-request the recovery in the same manner as described above. When an agreement was signed, certified by a notary, which determines the refusal of monetary support, such a document can be terminated, since it contradicts the interests of minor children.
The court may decide on the release of the defendant from the payment of alimony, if there are grounds for this. However, this is extremely rare. According to the Family Code of the Russian Federation, this is contrary to the interests of the child.
How many times can I apply for child support in this case? The procedure is the same as described above - the court will once consider the plaintiff's application and will not be able to review it before changing any circumstances in the case.
There is no single answer to the question of how many times you can apply for child support. It all depends on the individual circumstances of the case. Revision is possible in such cases:
- The application has not been examined on the merits.
- There are new circumstances of the case.
When the matter is resolved, and the plaintiff has a writ of execution in his hands, it does not make sense to review it again. Therefore, there is no need to ask how many times you can apply for child support. The court is in any case obliged to satisfy the plaintiff's legal claim. Only exceptional circumstances can exempt the defendant from paying child support.